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State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......man that what the judge has done cannot be accepted. He further refers to the settled position that the Judgment of acquittal cannot be interfered if it is found that it is against evidence only. It, according to him, is to be found manifestly perverse and absolutely unreasonable. He thereafter subm......- Crown Vs. Sultan Ahmed, 9 DLR (WP) 13; State Vs. Md. Haroon, 37 DLR (AD) 167; Parry’s Employees Union Vs. Parry & Co., AIR 1966 Cal 31. Lawyers Involved: Syed Abu Kawsar, Assistant Attorney General - For the State-Appellant. Not represented- the Respondent. Government Appeal......es not reappraise evidence unless it is shown that the inference drawn from evidence are perverse and the benefit of doubt that has been given was not in accordance with the established principles of law. 16. By now it is settled that order of acquittal cannot be interfered with by the appellate ..Category: Criminal Law | Date: | Hits: 60
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614....... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......1 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, Dhamrai, Dh......ing required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so.
d) Where the suit appears from the statement in the plaint to be barred by any law.”
The Court can reject a plaint at any stage of the suit if any of the requirement of Rule ..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
.... find any cogent reason to interfere with the impugned order. The court of appeal below does not appear to have committed any error of law resulting in an error in the decision occasioning failure of justice in setting aside the judgment and order passed by the learned Subordinate Judge, Moulavibaza......g that the petitioner appellant (pre-emptor) being co-sharer in the tenancy were also co-sharer in the land which is the subject matter of the pre-emption case. In the 35 DLR case Ruhul Islam, J held according to Hasan, J, the words non agricultural land means a piece of land in joint possession and......avibazar setting aside the judgment and order dated 29-11-93 passed in pre-emption case No. 4 of 1987 by the learned Subordinate Judge, Moulavibazar allowing pre-emption. 2. The case of the pre-emptor petitioner Syed Sad Ali, in short, is that he instituted a case for pre-emption under section 24......ioner is competent to maintain this petition for pre-emption as he has filed the application for pre emption within the prescribed time in compliance with all the legal formalities required under the law. Mr. Hossain further submits that there has been no splitting up of the joma in accordance with ..Category: Property Law | Date: | Hits: 70
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ary affidavits and the impugned order. 7. On perusal of the confessional statement and considering that the petitioner is a minor boy and the joint trial along with the other accused is illegal in according with the Children Act, we find substance in the submission of the learned advocate for the...... Vs. The State……………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Golam Rasul, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous Case No. 3492 of 2011. Judgment ...... Uddin informed her that the dead body of her husband was lying inside a bagan on the northern bank of a pond of one Delowar behind the Jhenidah Cadet College; the informant along with her brother-in-law (Bhashur) Md. Adil Uddin, and others rushed to the place of occurrence and found three separate ..Category: Criminal Law | Date: | Hits: 56
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ner Vs. The State…………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Fazlur Rahman, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous Case No. 1851 of 2011. Judgment ......mises Sonali Bank, Court Building Branch, in front of Yeasin College and in all place of occurrence a huge of number of leaf let was found wherein it was written that in order to implement the Islami law it was supplied by the Jamaatul Mujahidin Bangladesh. It is presume that in order to deteriorate..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....reversed the judgment and decree passed by the trial court and wrongfully dismissed the suit and committed an error of law apparent on the face of the record in the decision resulting into failure of justice and as such this court finds merit in the Rule which is required to made absolute. In the...... son of the instant plaintiffs, namely Momenul Islam and Amirul Islam, which is now pending. The said two sons of the plaintiff created two forged documents concerning the said 0.52 acres of land and accordingly the defendant prayed for cancellation of those two forged documents in title Suit No.167......ng the plaintiff and disturbing his peaceful possession in the suit land alleging, inter alia, that the suit land comprised in C.S. Plot No.756, measuring an area of 0.52 acres of land, being part of total land 1.23 acres under C.S. Khatian No.160 along with two other plots being No. 759 and 788 was......pon hearing the parties and examining the evidence on record came to the finding that the learned trial Judge upon mis-appreciation of the facts and circumstances of the case and upon misapplying the law decreed the suit and accordingly the learned Appellate judge by his judgment dated 7.1.2002 allo..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......ndents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. Kazi Fazlul Karim and another, 28 DLR 445; Abu...... 11 of 1994 (mistakenly the Rule was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and invol..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....hen a statute requires that something shall be done or done in a particular manner or form declaring what shall be the consequence, it shall be regarded as imperative. It is the duty of the Courts of justice to try to get at the real intention of the legislature. 11. In cases where a complaint ha......discharge. We are therefore, of the opinion that the revival of the proceeding is nothing but an abuse of the process of the Court. For the reasons stated above, we find substance in this Rule and accordingly the Rule is made absolute. The order dated 13-9-92 of the learned Additional Sessions Ju......m Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision Case No. 1738 of 1992. Judgment SK Sinha ......ed Magistrate has committed no illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits that the learned Metropolitan Magistrate has committed an error of law in reviving the case after expiry of 6(six) months from the date of order of discharge of the pe..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......D (AD) 268; Arshadullah Vs. State, 21 DLR 684; Nurul Islam Vs. State, 1988 BLD 106. Lawyers Involved: Anisul Huq with ABM Golam Majid, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. Criminal Appeal No. 525 of 1991. Judgment Amirul Kabir Cho......er hand, submits that though P.Ws. 1-3 did not corroborate the prosecution case but evidence of other witnesses namely, P.Ws. 4-8 being cogent and trustworthy the impugned judgment is maintainable in law. He further submits that there is no enmity between the said witnesses and the accused and, as s..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......l Islam Vs. The State, 50 DLR (1998) 103. Lawyers Involved: A. M. Mahbubuddin with Mst. Nasima Khatun, Advocates - For the appellants. Shah Abdul Hatem with Nawashish Ara Begum, Assistant Attorney Generals-For the respondent. Criminal Appeal No. 3424 of 2003. Judgment Md. Ruhul Qu......dged an ejahar with Tejgaon police station on 4.2.2003 alleging inter alia, that she got married with appellant No.1 on 20.3.1998. A few days after solemnization of their marriage, her husband and in-laws demanded dowry amounting to Taka 10,00,000/- (ten lac) to be brought from her parents and used ..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....on-speaking order, which is no order in the eye of law. Therefore, the impugned order being bad in law is liable to be set aside and the application should be disposed of on merit to meet the ends of justice. 6. On the other hand Mrs. Nowazish Ara Begum, the learned Assistant Attorney General app......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......h and others…………….....Opposite Parties Judgment March 30, 2011. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate-For the petitioners. Ms. Nowazish Ara Begum, Assistant Attorney General-For the opposite parties. Civil Revision No. 2519 of 1999. Judgment Md. Ruhu......le are that the petitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiate..Category: Property Law | Date: | Hits: 58
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....submission of the learned advocate for the petitioner to the effect that the prosecution could not produce any witness and the trial is delayed for no fault of the petitioner, we are of the view that justice would be met if a time is fixed to produce witness of the case. 8. Accordingly the rule i......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......………………………………….………….Opposite party Judgment February 13, 2011. Lawyers Involved: Md.Nurul Haque, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 30068 of 2010. Judgment......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
....ion for bail and the impugned order. 9. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly the ...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......Vs. The State…………………..………………..Respondent Judgment March 1, 2011. Lawyers Involved: Mst. Ismath Ara, Advocate -For the appellant. Bashir Ahmed, Assistant Attorney General-For the Respondent. Criminal Appeal No. 5436 of 2010. Judgment AKM Asaduzza...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......n thieves and on 16.09.1996 the accused deceased Temnai of Shapur met with the informant at Touakhal Bazar and proposed him that if he pay taka 2000/- he would be able to return the stolen cattle and accordingly the informant paid Tk. 1500/- but the aforesaid Temnai did not return the cattle. It is ......…………………………………..Respondent Judgment March 2, 2011. Lawyers Involved: AKM Ali with Surojit Bhattacharjee, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzza......gainst the accused person by adducing any corroborative evidence, even though the trial court convicted the appellant on mere surmises and conjecture. The impugned judgment is thus not sustainable in law which is liable to be set aside. We thus found merits in this appeal. 24. In the result, the ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ...... দিকে একটি লোককে চলিয়া যাইতে দেখি। আসলাম চিনিয়া বলে যে, লোকটি মীর মাহবুব।” thus according to him P.W.4 Aslam only recognized the accused appellant Mir Mahbub to left the place of o......……………………………….Respondent Judgment March 9, 2011. Lawyers Involved: Md. Akteruzzaman with Masudur Rahman, Advocate - For the appellant. Bashir Ahmed, Assistant Attorney General -For the respondent. Criminal Appeal No. 1600 of 2007. Judgment AKM Asaduzza......cher Hafez Maulana Shamsul Huq used to live in another shead adjacent to that of his house and on the night following 4.8.2003 the brother of the informant Hafez Mohd. Giasuddin his grand father–in-law Wazed Ali retired in the varendah while Maqsuda, Khadiza wife of Giasuddin and Shamsul Huq slipp..Category: Criminal Law | Date: | Hits: 52
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ...... on 11.10.2006 being deed No.9453. 4. In the aforesaid manner the petitioners became owner of an area of 101.026 decimals of land in C.S. Plot No.164 corresponding to S.A. Plot No.270 and they accordingly mutated their names in the Government Sheresta and paid rents up to 1414 B.S. and opened......am, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day of April, 2......lease order was cancelled on 13.05.1985 by Martial Law Order No.128. 5. Mr. M. Amir-ul Islam, learned Counsel, appearing for the petitioners submitted that the High Court Division gravely erred in law as well as in fact in ignoring that the said purportedly acquired lands had not been used by the..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......ttorney holder Safiuddin Bhuiyan filed an application in the office of the defendant No.2, Assistant Commissioner of Settlement, for allotting the suit land in his name i.e. the attorney holder and accordingly a lease deed was executed on 11.10.1995 and registered 15.10.1995 in favour of the sai......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the High Cour......issued therein having been discharged the plaintiff has come up with the instant leave petition. 6. The learned Advocate appearing for the leave petitioner submitted that the courts below erred in law in not noticing that in a case for Specific Performance of Contract only issue to be adjudicated..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ............Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Syed Mahbubar......y, 1996 after about 43 years of the date of acquisition by the Government. There is no scope to make any prayer to the Minister-in-charge of the Ministry of lands for release of the property as per law. As soon as the lands were acquired and the gazette notification is published. under section 5(7..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....d as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision which has occasioned failure of justice. In support of his contention he cited the case of Abdul Gani Malitha and another Vs. Sharia......der the Muhammadan Law are a declaration of hiba by the donor, an acceptance, express or implied, of the gift by the donee, and delivery of possession of the property, the subject-matter of the gift, according to its nature. A simple gift can only be made by going through the above formalities and n......s relevant for the disposal of the Rule are that, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining land, hereinafter referred ...... his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision which has occasioned failure of justice. In support of his..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......ing an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly, on 8th of Ashin, 1389 BS it was settled that within two days i.e. by 10th Ashin, 1389 B......evidence that there was some dwelling huts of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly......the suit land and that the plaintiff could not even prove the date of the agreement or payment of consideration money. 9. But the appellate Court believed the oral agreement under misconception of law and for non consideration of the evidence on record to its true perspective. 10. When oral ag..Category: Property Law | Date: | Hits: 108
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